For Customers

Support

Americas+1 212 318 2000

EMEA+44 20 7330 7500

Asia Pacific+65 6212 1000

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

A cookie is a piece of data stored by your browser or device that helps websites like this one recognize return visitors. We use cookies to give you the best experience on BNA.com. Some cookies are also necessary for the technical operation of our website. If you continue browsing, you agree to this site’s use of cookies.

Your HR and Payroll compliance and policy solution! Comply with federal, state, and international laws, find answers to your most challenging questions, get timely updates with email alerts, and more with our suite of products.

In an effort to educate companies that may be affected by the updated Children's Online Privacy Protection Rule, the Federal Trade Commission May 15 sent more than 90 letters to mobile application developers about the changes.

The letters are part of the agency's ongoing effort to help businesses comply with the new requirements, which go into effect July 1. According to a May 15 statement by the commission, these letters do not provide an official evaluation by the FTC of each company's practices; instead, “they are designed to help businesses come into compliance with the rule's requirements.”

COPPA Rule Changes

The FTC released the final amendments to its rule implementing the Children's Online Privacy Protection Act (COPPA) in December 2012 (11 PVLR 1833, 12/24/12). The COPPA Rule imposes parental notice and consent requirements on websites and online services collecting information from children younger than 13.

Among other changes, the amended COPPA Rule:

• modifies the list of “personal information” that cannot be collected without parental notice and consent, clarifying that this category includes geolocation information, photographs, and videos;

• closes a loophole that allowed child-directed apps and websites to permit third parties to collect personal information from children through plug-ins without parental notice and consent;

• extend coverage in some of those cases so that the third parties doing the additional collection also have to comply with COPPA; and

• extend the COPPA Rule to cover persistent identifiers that can recognize users over time and across different websites or online services, such as internet protocol addresses.

The FTC released its updated FAQs on the COPPA Rule April 25 (12 PVLR 733, 4/29/13).

On May 6, the Federal Trade Commission announced that it would retain the July 1 implementation date for the amended rule despite claims by the business community that it would struggle to comply by then (12 PVLR 827, 5/13/13).

Prosecutorial Discretion

In the letters from Maneesha Mithal, associate director of the FTC's Division of Privacy and Identity Protection, the FTC encouraged the app developers to review their apps, policies, and procedures in light of the COPPA Rule changes.

The commission clarified that, beginning July 1, the “personal information” definition “will broaden to include a photograph or video with a child's image, or an audio file that has a child's voice.” In addition, the FTC said the definition “also will include screen or user names that function as online contact information, and persistent identifiers, such as cookies, IP addresses and mobile device IDs, that can recognize users over time and across different websites or online services (subject to certain important exceptions for support for the functioning of an app).”

The letters also provided “musts” for app developers covered by COPPA, such as providing notice and obtaining parental consent for personal information collected on apps from third parties, taking “reasonable steps” when releasing children's personal information, and meeting new data retention and data deletion requirements.

“As with all our enforcement activities, the Commission will exercise its prosecutorial discretion in enforcing the COPPA Rule, particularly with respect to small businesses that have attempted to comply with the Rule in good faith in the early months after the Rule becomes effective,” the FTC said in the letters.

All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to books@bna.com.

Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)

Notify me when updates are available (No standing order will be created).

This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to research@bna.com.

Put me on standing order

Notify me when new releases are available (no standing order will be created)